GUT 
17  1914 


SUPPLEMENT 

TO    THE 

REVISED  SCHOOL  LAW 

OF 

WEST  VIRGINIA 


. 


,  w^x 


,rv) 


CONTAINING    ACTS    AND    AMENDMENTS    RELATING    TO 

EDUCATION,   ENACTED  BY  THE   LEGISLATURE 

AT  THE  REGULAR  SESSION  OF  1913. 


Issued  by 

THE  DEPARTMENT  OF  SCHOOLS 

M.  P.  SHAWKEY,  State  Superintendent 

Charleston,  W.  Va. 


L 


A"  2- 

\"II3 


SUPPLEMENT 

TO  THE 

REVISED  SCHOOL  LAW  OF  WEST  VIRGINIA 

Containing  Acts  and  Amendments  Eelating  to  Education  Enacted 
by  the  Legislature  at  the  Eegular  Session  of  1913. 


COUNTY  SUPERINTENDENT  FINANCIAL  SECRETARY. 

Be  it  enacted  by  the  Legislature  of  West  Virginia: 

That  sections  forty-five,  ninety-nine,  one  hundred  and  thirty-eight, 
one  hundred  and  thirty-nine,  one  hundred  and  forty,  one  hun- 
dred and  forty-one,  one  hundred  and  forty-two,  one  hundred  and 
forty-three,  one  hundred  and  forty-six,  one  hundred  and  forty-seven, 
one  hundred  and  forty-eight,  one  hundred  and  forty-nine  of  chapter 
twenty-seven,  acts  of  one  thousand  nine  hundred  and  eight,  be 
amended  and  re-enacted  so  as  to  read  as  follows,  and  that  section? 
one  hundred  and  forty-nine-a,  one  hundred  and  forty-nine-b,  one 
hundred  and  forty-nine-c,  and  one  hundred  and  forty-nine-d  be 
added  thereto. 

Sec.  45.  The  board  of  education  at  their  first  meeting,  which 
shall  be  held  on  the  first  Monday  in  July  of  each  year,  shall  appoint 
a  secretary  who  shall  not  be  a  member  of  the  board,  and  who  shall, 
before  entering  upon  the  discharge  of  his  duties,  take  the  oath  pre- 
scribed by  law,  and  shall  attend  all  meetings  of  the  board,  and  record 
their  official  proceedings  in  a  book  kept  for  that  purpose,  showing 
the  number  of  each  order  issued,  the  name  of  the  payee,  the  purpose 
for  which  issued,  and  the  amount  thereof  which  record  shall  be  at- 
tested by  his  signature  and  the  signature  of  the  president  of  the 
board,  and  which  shall  at  all  reasonable  times  be  open  to  the  in- 
spection of  any  person  interested  therein;  he  shall  have  the  care 
and  custody  of  all  papers  belonging  to  the  board,  including  evidences 
of  title,  contracts  and  obligations,  and  preserve  the  same  in  his 
office  properly  arranged  for  reference;  and  shall  record  and  keep 
on  file  in  his  office  such  papers  and  documents  pertaining  to  the 
business  of  the  board,  and  keep  such  accounts  and  prepare  and 
certify  such  reports  and  writings,  as  the  law  may  require  or  the 


board  direct,  all  of  which  records,  papers,  contracts,  documents  and 
other  property  pertaining  to  his  office  shall  be  immediately  delivered 
in  proper  condition  to  his  successor  in  office.  Whenever  any  orders 
are  drawn  on  the  sheriff  or  school  treasurer  the  secretary  shall  im- 
mediately make  up  a  list  of  said  orders,  showing  the  number  of  the 
order,  name  of  payee  and  amount,  which  list  together  with  said 
orders  shall  be  delivered  to  the  county  financial,  secretary  for  his 
signature  and  proper  record.  Said  orders  shall  then  be  delivered  by 
the  county  financial  secretary  to  the  persons  entitled  to  the  same. 

Sec.  99.  All  teachers  shall  be  paid  monthly  by  orders  drawn  on 
the  school  treasurer  duly  signed  by  the  president  and  secretary  and 
countersigned  by  the  county  financial  secretary  payable  out  of  the 
teachers'  fund.  But  if  the  secretary  be  a  teacher  the  order  for  his 
salary  shall  be  signed  by  the  president  and  one  other  member 
thereof. 

Sec.  138.  He  [the  sheriff]  shall  keep  accounts  with  the  boards 
of  education  of  the  various  districts  and  independent  districts  of  the 
money  belonging  to  the  teachers'  fund,  the  building  fund,  or  such 
other  fund  as  there  may  be,  and  shall  credit  every  receipt  and  charge 
every  disbursement  to  the  fund  to  which  it  belongs.  He  shall  pay 
out  no  money  except  upon  orders  of  the  respective  boards  specifying 
the  amount  to  be  paid,  the  purpose  for  which  paid  and  the  fund  to 
which  it  is  to  be  charged,  signed  by  the  president  and  secretary 
and  countersigned  by  the  county  financial  secretary;  or  by  the  presi- 
dent and  one  other  member,  as  prescribed  in  section  ninety-nine, 
and  countersigned  by  the  county  financial  secretary. 

Sec.  139.  He  shall,  on  or  immediately  before  the  first  day  of 
July  in  each  year,  settle  with  the  county  financial  secretary.  In  this 
settlement  he  shall  be  charged  with  the  amount  of  taxes  and  of  gen- 
eral school  fund  apportioned  to  the  district  or  independent  district 
by  the  county  superintendent  and  the  amount  of  taxes  levied  by 
the  board  of  education  upon  the  property  of  the  district  or  inde- 
pendent district  for  the  teachers'  fund,  for  the  building  fund  and  all 
other  school  funds,  and  for  any  other  money  received  by  him  during 
the  current  year  on  account  of  the  free  schools  of  such  district  or 
independent  district;  and  he  shall  be  credited  with  the  amount  of 
delinquent  school  tax  in  such  district  or  independent  district  that  has 
been  duly  certified  by  the  clerk  of  the  county  court  to  such  board  of 
education. 

Sec.  140.  He  shall  be  credited  in  such  settlements  with  all  orders 
paid  and  produced  by  him,  if  found  to  be  correct  by  the  county  finan- 


cial  secretary,  and  he  shall  receive  no  other  credits  except  his  com- 
mission as  hereinafter  provided.  If  any  sheriff  shall  pay  out  in  any 
one  year  more  money  on  account  of  the  teachers'  fund,  the  build- 
ing fund,  or  any  other  school  fund,  than  shall  have  been  levied  and 
could  have  been  collected  by  him  during  said  year  together  with  the 
amount  remaining  in  his  hands  from  any  preceding  year,  he  shall  in 
such  settlement  receive  no  credits  for  such  excess. 

Sec.  141.  In  making  said  settlement  it  shall  be  the  duty  of  the 
sheriff  to  prepare  and  present  to  the  county  financial  secretary,  in 
duplicate,  separate  lists  of  all  the  credits  claimed  by  him  against 
each  of  the  several  school  funds  collected  by  him,  showing  the  amount, 
date  and  number  of  each  voucher  or  order,  and  to  whom  payable,  to- 
gether with  the  statement  of  the  proper  debits  to  the  several  funds 
with  which  he  is  chargeable;  which  lists  and  statements  together 
with  the  vouchers  claimed  as  credits  by  the  sheriff  shall  be  examined 
by  the  county  financial  secretary  and  if  found  correct  the  said  vouch- 
ers or  orders,  bonds  and  interest  coupons  credited  to  said  sheriff  shall 
be  indorsed  by  the  county  financial  secretary  on  the  back  of  each 

with  the  words,  "Settled  by  county  financial  secretary, 

,  19.  .  .  .",  and  shall  be  cancelled  with  a  perforation;  and 

said  statements  and  lists  as  corrected  shall  be  signed  by  said  sheriff 
and  by  the  county  financial  secretary,  in  duplicate,  one  copy  to  be 
retained  by  the  county  financial  secretary,  and  the  other,  together 
with  the  vouchers,  or  orders,  and  cancelled  bonds  and  interest  cou- 
pons shall  be  turned  over  to  the  sheriff  who  shall  thereupon  deliver 
them  to  the  clerk  of  the  county  court,  and  the  same  shall  serve  as 
a  basis  of  the  settlement  required  by  section  seven  of  article  twelve  of 
the  constitution,  and  section  one  hundred  and  forty-two  of  this 
chapter. 

Sec.  142.  The  sheriff  shall  also  make  annual  settlements  by  dis- 
tricts with  the  county  court  of  his  county  not  later  than  the  tenth 
day  of  July  in  each  year,  showing  an  itemized  statement  of  all  mon- 
ey received  or  disbursed  for  the  preceeding  year  on  account  of  all 
school  funds  in  his  hands,  showing  the  amount,  date  and  number  of 
each  credit  voucher  and  to  whom  payable,  and  the  balance  due  each 
district  and  independent  district  on  each  of  said  funds;  which  set- 
tlement shall  be  made  a  matter  of  record  by  the  clerk  of  said  court 
in  a  book  kept  for  that  purpose ;  and  the  clerk  shall  file  a  copy  of  the 
settlement,  as  approved,  with  the  secretary  or  other  person  keeping 
the  financial  accounts  of  each  board  of  education. 

Sec.  143.     But  the  settlements  made  by  the  sheriff  with  the  coun- 


ty  financial  secretary,  as  provided  in  section  one  hundred  and  thirty- 
nine,  when  found  correct  and  properly  signed  and  turned  over  to  the 
clerk  of  said  court,  as  required  by  section  one  hundred  and  forty- 
one,  may  be  taken  and  treated  as  the  settlements  required  to  be  made 
and  recorded  by  section  one  hundred  and  forty-two;  provided,  how- 
ever, that  the  prosecuting  attorney  or  any  taxpayer  of  the  county 
may  appear  before  said  court  for  the  purpose  of  making  corrections 
in  said  report,  and  said  court  may  hear  said  objections,  after  rea- 
sonable notice  to  the  sheriff  and  county  financial  secretary  and  make 
such  corrections  as  may  be  proper  and  when  corrected  said  settle- 
ments shall  be  recorded;  and  said  settlements  and  vouchers  turned 
over  to  the  clerk  of  said  court  shall  be  filed  by  said  clerk  by  dis- 
tricts. 

Sec.  146.  If  any  sheriff  fails  to  make  the  settlement  required  by 
section  one  hundred  and  forty-two  at  the  time  required,  without  rea- 
sonable cause  therefor,  he  shall  be  charged  in  said  settlement  with 
twelve  per  cent  interest  on  all  school  money  in  his  hands  for  the  time 
he  is  in  default  in  making  the  said  settlement. 

Sec.  147.  If  the  sheriff  fails  to  make  the  said  settlement  at  the 
time  required  it  shall  be  the  duty  of  the  prosecuting  attorney  to 
proceed  by  action  against  him  and  his  sureties  in  the  circuit  court 
to  recover  the  fine  and  penalty  imposed  upon  him  by  sections  one 
hundred  and  forty-two  and  one  hundred  and  forty-six. 

Sec.  148.  If  any  county  financial  secretary  fails  to  make  the 
settlement  required  by  section  one  hundred  and  thirty-nine  of  this 
chapter,  with  the  sheriff,  when  requested  by  him  to  do  so,  he  shall 
be  guilty  of  a  misdemeanor  and  upon  conviction  thereof  be  fined 
twenty  dollars,  the  proceeds  of  which  fine  shall  be  placed  to  the  cred- 
it of  the  building  fund  of  the  district. 

Sec.  149.  And  the  retiring  sheriff  shall  immediately  after  he 
shall  have  made  his  final  settlement  in  the  manner  herein  provided, 
pay  and  turn  over  to  his  successor  in  office  such  balance  as  may  be 
shown  to  be  due  from  him  by  said  settlement. 

Sec.  149-a.  The  county  superintendent  of  free  schools  in  each 
county  shall  be  ex-officio  county  financial  secretary,  and  as  such  officer 
he  shall  have  the  power  and  authority  and  perform  the  duties  herein 
set  forth. 

Sec.  149-b.  The  county  financial  secretary  shall  keep  the  finan- 
cial records  for  all  the  schools  within  his  county,  said  records  to  be 
kept  in  the  form  prescribed  by  the  chief  inspector  under  chapter  thir- 
ty-three, acts  of  one  thousand  nine  hundred  and  eight.  He  shall 


countersign  all  legal  orders  issued  by  the  several  boards  of  education 
within  his  county  before  said  orders  are  payable  by  the  sheriff  or 
school  treasurer,  and  shall  make  annual  settlements  with  the  sheriff  or 
school  treasurer  for  the  several  school  funds,  as  provided  by  law;  he 
shall  at  the  end  of  each  month  deliver  to  each  board  of  education  a 
summarized  statement  showing  the  financial  condition  of  their  several 
school  funds,  said  statement  to  be  in  the  form  prescribed  by  the  chief 
inspector  under  chapter  thirty-three,  acts  of  one  thousand  nine  hun- 
dred and  eight. 

Sec.  149 -c.  The  county  court  of  every  county  shall  provide  at 
the  county  seat  a  suitable  office,  to  be  located  in  the  courthouse  if 
there  be  sufficient  room,  for  the  county  financial  secretary,  and  shall 
keep  the  same  supplied  with  the  necessary  furniture,  fuel,  light,  rec- 
ord books,  stationery,  postage  and  such  other  things  as  shall  be  nec- 
essary. The  county  financial  secretary  shall  receive  for  his  services 
required  by  this  act  an  annual  compensation  of  seventy-five  dollars, 
except  that  in  counties  having  more  than  one  hundred  teachers  em- 
ployed for  at  least  six  months  during  the  year  the  annual  compensa- 
tion shall  be  at  the  rate  of  seventy-five  cents  for  each  teacher  so  em- 
ployed, said  compensation  to  be  based  on  the  number  of  teachers  em- 
played  during  the  preceding  year  and  to  he  paid  quarterly  on  orders 
issued  by  the  county  court  drawn  on  the  general  county  fund. 

Sec.  149-d.  After  July  first,  one  thousand  nine  hundred  and  thir- 
teen no  sheriff  or  school  treasurer  shall  pay  any  order  which  was 
drawn  on  a  school  fund  prior  to  July  first,  one  thousand  nine  hun- 
dred and  thirteen,  until  after  said  order  has  been  countersigned  by 
the  county  financial  secretary.  At  the  end  of  each  month  the  sher- 
iff or  school  treasurer  shall  make  a  report  to  the  county  financial 
secretary  showing  the  date,  number  and  amount  of  each  school  bond 
and  interest  coupon  paid  during  the  month. 

This  act  shall  be  in  effect  on  and  after  July  first,  one  thousand 
nine  hundred  and  thirteen. 

All  general  and  special  acts  and  parts  of  acts  inconsistent  with  this 
act  are  hereby  repealed. 

DURATION  OF  TEACHERS'  CERTIFICATES. 

Be  it  enacted  by  the  Legislature  of  West  Virginia: 

That  section  eighty-seven  of  chapter  forty-five  of  the  Code  be 
amended  and  re-enacted  so  as  to  read  as  follows: 

Sec.  87.  First  grade  certificates  shall  be  valid  for  a  period  of 
five  years  and  shall  be  renewable  as  follows: 


8 

At  the  end  of  the  first  five  years  they  shall  be  renewable  on  con- 
dition that  the  holder  has  taught  successfully  or  has  been  engaged  in 
public  school  work  at  least  three  years  during  the  life  of  the  certifi- 
cate, and  on  the  further  condition  that  he  make  a  passing  grade  on 
elementary  agriculture  provided  he  has  not  already  passed  on  that 
subject. 

At  the  end  of  the  second  or  third  five-year  period  they  shall  be  re- 
newable on  condition  that  the  holder  has  taught  or  has  been  actively 
engaged  in  public  school  work  three  years  during  the  five  years  pre- 
vious and  on  condition  that  the  applicant,  pass  a  satisfactory  examina- 
tion on  two  of  the  books  of  the  State  Heading  Circle  Course  to  be  des- 
ignated by  the  State  Superintendent  of  Free  Schools  or  has  done 
satisfactory  work  for  a  period  of  nine  weeks  in  a  recognized  state  nor- 
mal school  or  in  some  other  school  of  equal  rank  and  standing  or  has 
done  other  work  of  equal  value.  (The  State  Superintendent  of  Free 
Schools  shall  determine  what  schools  shall  be  recognized  and  the 
nature  of  the  work  which  shall  be  accepted  in  carrying  out  the  pro- 
visions of  this  section.) 

At  the  termination  of  the  third  renewal  period  the  holder  of  such 
certificate  shall  be  eligible  to  receive  a  first  grade  certificate  good  for 
life  if  he  has  taught  at  least  three  years  of  the  last  five  and  has  main- 
tained an  active  interest  in  educational  work. 

Second  grade  certificates  shall  be  valid  for  a  period  of  three  years, 
and  third  grade  certificates  for  a  period  of  one  year,  and  such  third 
grade  certificates  shall  not  be  issued  to  the  same  applicant  more  than 
two  years  in  succession :  provided,  that  not  more  than  one  certificate 
of  the  same  grade  shall  be  issued  to  an  applicant  in  a  school  year,  but 
applicants  taking  more  than  one  examination  in  the  same  year  shall 
receive  a  statement  showing  what  percentage  they  made  in  the  differ- 
ent branches  at  each  examination.  The  state  superintendent  and  each 
county  superintendent  shall  keep  a  register  of  all  certificates  granted 
stating  the  character  and  grade  of  each  and  the  date  of  issue  thereof, 
and  the  state  superintendent  and  each  county  superintendent,  upon 
vacating  his  office,  shall  turn  over  said  register  to  his  successor. 

JOINT  DISTRICT   HIGH   SCHOOL. 

Be  it  enacted  by  the  Legislature  of  West  Virginia: 

Section  30%.  If  the  boards  of  education  of  two  or  more  contig- 
uous districts  whether  in  the  same  or  another  county,  believe  it  ex- 
pedient and  wise  to  establish  and  maintain  jointly  a  high  school  in 
any  one  of  said  districts,  the  building,  if  one  is  to  be  erected,  and 


9 

the  site  therefore,  to  be  owned  jointly  in  proportion  to  the  amount 
contributed  by  the  districts  so  uniting,  the  respective  boards  shall  sub- 
mit the  question  to  the  voters  of  the  respective  districts,  at  a  general 
or  special  election,  in  the  way  and  manner  and  after  the  notice  re- 
quired by  section  thirty  of  said  chapter. 

The  boards  of  education  proposing  to  unite  shall  meet  and  deter- 
mine the  location  of  the  proposed  school,  the  estimated  amount  to 
be  contributed  toward  the  establishment  and  yearly  maintenance  of 
said  school  by  each  district,  the  total  cost  thereof  to  be  apportioned 
among1  the  districts  uniting  on  the  basis  of  their  respective  valuations 
of  taxable  property,  which  agreement  shall  be  reduced  to  writing 
and  entered  of  record  in  the  minute  book  of  the  respective  boards, 
the  substance  of  which  shall  be  made  a  part  of  the  statement  to  the 
voters  hereinbefore  provided  for. 

The  control  and  management  of  said  joint  high  school,  after  the 
same  is  established,  is  hereby  vested  in  the  boards  of  education  of  the 
several  districts  so  uniting  to  be  exercised  in  joint  session,  the  coun- 
ty superintendent  of  schools  to  be  ex-officio  a  member  and  chairman 
of  s?id  joint  session,  and  as  such  entitled  to  vote  and  participate  in 
the  cqntrol  and  management  of  said  high  school,  and  there  is  hereby 
conferred  upon  each  board  of  education  all  the  authority  for  the  es- 
tablishment and  maintenance  of  said  joint  high  school  by  contract, 
levy,  issue  of  bonds,  or  otherwise,  that  is  conferred  upon  a  board 
of  education  for  the  establishment  and  maintenance  of  a  high  school 
within  its  district:  the  election  to  be  held  and  the  result  ascertained 
as  provided  in  said  section  thirty  of  chapter  forty-five  of  the  Code; 
and  all  of  the  provisions  of  said  section,  so  far  as  the  same  are  appli- 
cable, are  made  applicable  to  the  establishment  and  maintenance  of 
such  joint  high  school,  except  that  a  majority  of  the  voters  of  each 
district  shall  be  sufficient  to  authorize  the  establishment  of  such  high 
school.  In  the  event  that  one  or  more  of  the  districts  uniting  to  es- 
tablish such  high  school  shall  be  in  different  counties,  the  county  su- 
perintendent of  each  county  shall  be  ex-officio  a  member  of  such 
joint  session,  the  chairman  to  be  selected  by  such  joint  session  and  in 
the  event  of  a  tie  vote  on  any  question  the  State  Superintendent  of 
Schools  shall  have  the  deciding  vote. 

Said  boards  of  education,  in  joint  session  as  herein  provided,  may 
provide  for  the  teaching  of  elementary  pupils  in  such  high  school 
building,  if  the  same  have  sufficient  capacity,  upon  such  terms  for 
the  use  of  the  building  as  they  may  agree  upon. 


10 

ESTABLISHING    AN    AGRICULTURAL    EXTENSION    DEPARTMENT 
OF  THE  WEST  VIRGINIA   UNIVERSITY. 

Be  it  enacted  by  the  Legislature  of  West  Virginia: 

That  section  one  hundred  and  seventy-two  of  chapter  twenty-seven 
of  the  acts  of  the  extra  session  of  the  Legislature  of  one  thousand 
nine  hundred  and  eight  be  and  the  same  is  hereby  amended  and  re- 
enacted  so  as  to  read  as  follows : 

Sec.  172.  The  regents  shall  establish  and  maintain  in  the  univer- 
sity,, in  addition  to  the  preparatory  department,  such  colleges,  schools, 
departments,  divisions,  chairs,  and  courses  of  study  as  may  be  expedi- 
ent and  possible,  and  shall  prescribe  the  conditions  for  graduation 
therein  and  confer  the  proper  degree,  and  the  diploma  issued  on 
graduation  to  any  student  who  has  taken  at  least  six  courses  in  the  de- 
partment of  education  in  said  institution  shall  be  equivalent  in  all 
respects  to  and  shall  entitle  the  holder  thereof  upon  application  in 
due  form  to  the  state  superintendent  to  a  first  grade  certificate  in 
duplicate. 

That,  in  order  to  promote  the  improvement  and  advancement  of 
agriculture,  domestic  science  and  rural  life  among  the  people  of  the 
several  counties  of  the  State  of  West  Virginia,  there  be  and  is  hereby 
created  and  established  in  the  college  of  agriculture,  at  West  Vir- 
ginia University,  an  agricultural  extension  department  to  be  co-ordi- 
nate with  the  department  of.  instruction  and  the  agricultural  experi- 
ment station. 

The  work  of  the  agricultural  extension  department  of  the  college  of 
agriculture  shall  be  conducted  under  such  rules,  regulations  and 
methods  as  may  be  prescribed  by  the  state  board  of  regents  and  every 
expenditure  under  this  act  shall  be  approved  by  the  state  board  of 
control,  and  said  work  shall  consist  of  holding  extension  schools  in  the 
various  counties  of  the  state,  at  which  instruction  shall  be  given  in 
soil  fertility,  horticulture,  stock-raising,  crop  production,  dairying, 
domestic  science  and  kindred  subjects;  of  conducting  farmers'  in- 
stitutes; of  giving  demonstrations  in  orcharding,  soil  improvement, 
and  crop  production;  of  furnishing  speakers  and  exhibits  for  special 
agricultural  trains;  of  giving  instruction  and  demonstrations  at  ag- 
ricultural fairs,  farmers'  institutes,  clubs,  granges,  or  other  organi- 
zations that  may  be  useful  in  extending  agricultural  knowledge;  of 
conducting,  in  co-operation  with  the  United  States  Department  of 
Agriculture,  boys'  and  girls'  agricultural  clubs;  of  recommending 
county  agricultural  agents  and  supervising  and  assisting  them  in 


11 

advancing  the  agricultural  interests  of  their  respective  counties;  of 
giving  instruction  by  mail  in  agriculture.,  domestic  science,  and  kin- 
dred subjects;  of  publishing  bulletins,  circulars,  and  newspaper  ar- 
ticles ;  and  of  such  other  methods  as  may  carry  the  benefits  of  the  work 
of  the  colleges  of  agriculture,  the  agricultural  experiment  station 
and  the  United  States  Department  of  Agriculture  to  the  people  of 
the  several  counties  of  the  State;  and  all  such  itinerant  educational 
work  in  agriculture  and  home  economics  carried  on  under  appropri- 
ations by  or  to  this  State  shall  be  under  the  control  and  supervision 
of  said  agricultural  extension  department. 

All  other  acts  or  parts  of  acts  in  conflict  with  the  provisions  of  this 
act  are  hereb}^  repealed.  *.- 

(To  take  effect  from  its  passage.) 

ABOLISHING  THE   COMMON    DRINKING   CUP. 

He  it  enacted  by  the  Legislature  of  West  Virginia: 

Sec.  1.  That  the  use  of  the  common  drinking  cup,  an  undoubted 
source  of  communication  of  infectious  diseases,  is  hereby  prohibited  in 
all  public  places,  upon  all  railroad  trains  and  boats,  carrying  pas- 
sengers, in  all  public  buildings  of  every  description,  and  at  public 
drinking  springs  and  fountains  within  this  state.  The  State  Board 
of  Health  shall  have  full  authority  to  establish  rules  and  regulations 
to  make  this  prohibition  effective,  as  in  their  judgment  may  seem 
wise  and  proper. 

Sec.  2.  All  persons,  flrms  or  corporations  failing  to  observe  the 
provisions  of  this  act,  or  the  rules  and  regulations  of  the  State  Board 
of  Health  made  in  relation  thereto,  shall  be  deemed  guilty  of  a  mis- 
demeanor and  upon  conviction  thereof  shall  be  fined  not  less  than  ten 
nor  more  than  fifty  dollars  for  each  offense. 

Sec.  3.  All  acts  and  parts  of  acts  inconsistent  herewith  are  here- 
by repealed. 

PROHIBITING  THE  USE  OF  CIGARETTES  IN  SCHOOL   HOUSES  AND 
ON  SCHOOL  GROUNDS. 

Be  it  enacted  by  the  Legislature  of  West  Virginia: 

Sec.  1.  That  it  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration to  manufacture,  or  to  sell,  offer  or  expose  for  sale,  or  give 
away,  or  furnish  or  cause  to  be  given  away  or  furnished,  to  any  per- 
son under  the  age  of  twenty-one  years,  any  cigarette,  or  cigarette 
paper,  or  any  other  paper  prepared  to  be  filled  with  smoking  tobacco 


for  cigarette  use;  and  it  shall  IDC  unlawful  for  any  person,  firm  or  cor- 
poration to  sell,  offer,  give  away  or  furnish,  or  cause  to  be  given  away, 
or  furnished  to  any  person  under  the  age  of  sixteen  years  any  cigar, 
pipe  or  tobacco  in  any  form. 

Sec.  2.  That  it  shall  be  unlawful  for  any  person  under  the  age  of 
twenty-one  years  to  smoke,  or  to  have  about  his  person,  or  premises, 
any  cigarette  or  cigarette  paper,  or  any  other  form  prepared  to  be 
filled  with  smoking  tobacco  for  cigarette  use.  Any  person  violating 
the  provisions  of  this  section  shall  be  punished  by  a  fine  of  not  exceed- 
ing five  dollars,  provided,  that  the  court  or  justice  trying  the  case 
may  remit  the  penalty  for  violation  of  this  section,  upon  the  disclos- 
ure by  the  person  charged  with  the  offense  of  the  name  of  the  person, 
firm  or  corporation  from  whom  he  obtained  any  such  cigarette  or 
cigarette  paper. 

Sec.  3.  That  it  shall  be  the  duty  of  every  constable,  policeman, 
town  sergeant,  sheriff  or  his  deputy  when  he  finds  any  person  under 
the  age  of  twenty-one  years  smoking  a  cigarette,  or  with  a  cigarette  or 
cigarette  paper  in  his  possession  to  immediately  inquire  of  such  per- 
son where  and  of  whom  he  obtained  such  cigarette  or  cigarette 
paper,  and  upon  failure  of  any  person  to  give  such  information  when 
requested  by  such  officer,  the  officer  shall  arrest  such  person  and  take 
him  before  a  justice  or  other  officer  having  jurisdiction,  to  be  dealt 
with  as  provided  in  section  two  of  this  act.  Upon  information  of 
such  person  to  said  officer  of  the  violation  of  any  of  the  provisions  of 
sections  one  and  two  of  this  chapter,  he  shall  immediately  report  such 
information  to  the  prosecuting  attorney  of  the  county,  who  shall  have 
the  person  giving  such  information,  along  with  any  other  witnesses 
having  any  knowledge  of  the  transaction,  summoned  before  the  grand 
jury  at  its  next  session  for  investigation. 

Any  officer  failing  to  perform  the  duties  required  of  him  by  this 
section  shall  be  fined  not  exceeding  five  dollars  for  each  offense.  Jus- 
tices of  the  peace  and  police  judges  are  hereby  given  concurrent  jur- 
isdiction with  the  circuit  and  criminal  courts  of  this  state  of  offenses 
under  this  chapter. 

Sec.  4.  Every  person  who  shall  smoke  or  use  a  cigarette  or  cigar- 
ettes in  any  school  building  or  any  buildings  or  such  parts  thereof 
as  may  be  used  for  school  purposes,  or  on  any  lands  used  for  school 
purposes,  shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall 
be  punished  for  each  offense  by  a  fine  of  not  less  than  one  nor  more 
than  five  dollars. 


13 

Sec.  5.  It  shall  be  unlawful  for  any  person,  firm  or  corporation  to 
sell,  or  give  away,  or  in  any  other  manner  to  supply  or  furnish  any 
person  in  this  state  opium  in  any  form;  but  the  provisions  of  this 
section  shall  not  apply  to  any  sale  of  opium  by  a  registered  pharma- 
cist upon  the  written  prescription  of  a  practicing  physcian  in  good 
standing  in  his  profession,  nor  to  any  reputable  physician  dispensing 
opium  in  the  regular  course  of  his  practice. 

Sec.  6.  Any  person,  firm  or  corporation  violating  any  of  the  pro- 
visions of  this  act,  where  punishment  is  not  otherwise  provided,  shall 
be  liable  to  a  fine  of  not  less  than  ten  dollars  nor  more  than  twenty- 
five  dollars  for  the  first  oftense,  and  for  each  subsequent  offense  shall 
be  liable  for  a  fine  of  not  lessJJian  twenty-five  dollars  nor  more  than 
three  hundred  dollars,  and  on  failure  to  pay  the  fine  and  costs  of  pros- 
ecution, shall  be  required  to  work  the  same  out  on  the  public  roads. 

Sec.  7.  All  acts  and  parts  of  acts  inconsistent  with  this  act  are 
hereby  repealed. 

RELATING    TO    THE    RELOCATION     OF    THE     FAIRMONT    STATE 
NORMAL  SCHOOL. 

AN  ACT  to  authorize  and  direct  the  State  Board  of  Control  to 
sell  and  dispose  of  the  Fairmont  State  Normal  School  property, 
situate  in  the  city  of  Fairmont,  to  relocate  said  school  and  appropriat- 
ing therefor  such  sum  of  money  as  is  realized  from  the  sale  of  said 
school  property. 

WHEREAS,  By  the  growth  and  development  of  the  city  of  Fair- 
mont the  state  normal  school  located  at  that  place  is  situate  in  the 
heart  of  the  city,  where  real  estate  is  valuable  and  the  price  of  board- 
ing very  high,  and  at  times  impossible  for  students  to  obtain  and 

WHEREAS,  The  said  school  having  greatly  outgrown  the  capacity 
of  the  present  building,  and  the  grounds  on  which  it  is  located  being 
too  small  to  render  further  building  thereon  practicable,  the  citizens 
of  Fairmont  have  become  greatly  interested  in  relocating  said  school, 
and  have  secured  and  submitted  to  the  State  Board  of  Control  an  offer 
of  seventy-five  thousand  dollars  for  the  grounds  and  buildings  of  the 
said  school,  therefore, 

Be  it  enacted  ~by  the  Legislature  of  West  Virginia: 

Sec.  1.  That  the  State  Board  of  Control  be  and  is  hereby  author- 
ized and  empowered  to  sell  the  grounds  and  buildings  of  the  Fairmont 
State  Normal  School,  situate  in  the  city  of  Fairmont  in  Marion 
County,  at  a  price  of  not  less  than  seventy-five  thousand  dollars,  if  in 


14 

the  opinion  of  said  board,  the  said  school  can  be  advantageously  re- 
located on  another  site  at  or  near  Fairmont. 

Sec.  2.  In  the  event  of  the  sale,  above  authorized,  the  proceeds 
thereof  shall  be  paid  into  the  State  Treasury,  and  the  State  Board 
of  Control  shall  buy  and  cause  to  be  conveyed  to  the  State  of  West 
Virginia  a  tract  of  land  at  or  near  the  City  of  Fairmont  of  sufficient 
size  to  meet  the  immediate  and  future  needs  of  the  school,  and  espe- 
cially affording  land  suitable  for  the  teaching  of  agriculture. 

Sec.  3.  There  is  hereby  appropriated  for  the  purpose  of  relocat- 
ing and  rebuilding  the  Fairmont  State  Normal  School,  in  event  of  the 
sale  authorized  by  this  act,  the  sum  of  thirty-seven  thousand  five 
hundred  dollars,  payable  out  of  the  revenues  of  the  year  one  thou- 
sand nine  hundred  and  thirteen,  and  thirty-seven  thousand  five  hun- 
dred dollars,  payable  out  of  the  revenues  of  the  year  one  thousand 
nine  hundred  arid  fourteen,  which  sum  shall  be  expended  by  the  State 
Board  of  Control  in  the  manner  provided  by  chapter  fifty-eight  of  the 
acts  of  one  thousand  nine  hundred  and  nine,  for  the  purpose  of  re- 
locating and  rebuilding  the  Fairmont  State  Normal  School,  and  for 
no  other  purpose. 

WEST  VIRGINIA  INDUSTRIAL  SCHOOL  FOR  BOYS. 

Be  it  enacted  by  the  Legislature  of  West  Virginia: 

That  sections  236,  237,  238,  239,  240,  241,  242,  243,  244,  245, 
246,  247,  248,  249,  2,50,  251  and  252  of  chapter  twenty-seven  of  the 
acts  of  one  thousand  nine  hundred  and  eight,  extra  session,  set  forth 
in  serial  sections  from  1799  to  1806  a-9,  both  inclusive,  of  the  one 
thousand  nine  hundred  and  nine  supplement  to  the  code,  relating  to 
the  West  Virginia  Eef  orm  School,  be  and  the  same  are  hereby  revised, 
amended,  re-enacted  and  said  sections  re-numbered  so  as  to  read  as  fol- 
lows: 

Sec.  1.  "The  West  Virginia  "Reform  School,"  established  by  chap- 
ter three  of  the  acts  of  one  thousand  eight  hundred  and  eighty-nine, 
^hall  hereafter  be  know  and  designated  as  the  "West  Virginia  In- 
dustrial School  for  Boys,"  and  shall  be  conducted  in  the  buildings 
heretofore  and  hereafter  erected  for  that  purpose  at  Pruntytown,  in 
Taylor  County.  This  school  shall  be  exclusively  charged  with  the  care 
and  training  of  male  youth  of  the  state,  but  white  and  colored  shall  be 
kept  separate.  It  shall  be  managed,  controlled  and  governed  by  the 


15 

state  board  of  control,  as  provided  in  chapter  fifty-eight  of  the  acts 
of  one  thousand  nine  hundred  and  nine. 

Sec.  2.  Any  male  youth  under  the  age  of  eighteen,  and  not  under 
the  age  of  ten  years,  may  be  committed  to  and  received  into  the  West 
Virginia  industrial  school  for  boys  for  the  reason  and  in  the  manner 
following : 

First :  By  a  justice  of  the  peace  of  the  county  in  which  he  resides, 
on  complaint  under  oath  and  due  proof  made  to  him  by  the  parent, 
guardian  or  other  person  having  the  custody  and  control  of  such 
youth,  that  by  reason  of  incorrigible  or  vicious  conduct  such  youth 
has  rendered  his  control  beyond  the  power  of  the  parent,  or  guardian 
or  such  other  person,  and  madej.t  manifestly  requisite  that,  from  re- 
gard for  the  morals  and  future  welfare  of  such  youth  and  the  peace 
and  order  of  society,  he  shall  be  placed  in  said  school. 

Second:  By  the  same  authority,  upon  complaint  under  oath,  and 
due  proof  before  the  justice  that  such  youth  is  a  vagrant,  incorrigible 
or  vicious  in  disposition  and  conduct,  and  that  his  parents,  guardian, 
or  other  person  having  custody  of  or  authority  to  control  him,  are 
depraved  or  otherwise  unfit,  unwilling  or  unable  to  exercise  care  or 
discipline  over  such  youth. 

Third :  By  the  several  courts  of  this  state,  as  provided  in  the  next 
section. 

Sec.  3.  Whenever  any  male  youth  under  the  age  of  eighteen  years, 
shall  be  convicted  in  any  of  the  courts  of  this  state  of  felony  or  a  mis- 
demeanor, punishable  by  imprisonment,  the  judge  of  said  court  in  his 
discretion,  and  with  reference  to  the  character  of  the  industrial  school 
as  a  place  of  correction  and  not  of  punishment,  instead  of  sentencing 
said  youth  to  be  confined  in  the  penitentiary  or  county  jail,  may  order 
him  to  be  removed  to  and  confined  in  the  said  industrial  school,  to  re- 
main until  he  shall  have  arrived  at  the  age  of  twenty-one  years,  unless 
sooner  discharged  by  the  state  board  of  control.  Male  youth  under 
eighteen  years  of  age,  convicted  in  any  of  the  courts  of  the  United 
State  for  the  districts  of  West  Virginia,  of  any  offense  punishable  by 
imprisonment,  may  also  be  received  into  said  industrial  school  upon 
such  regulations  and  such  terms  as  to  their  maintenance  and  support 
as  may  be  prescribed  by  the  state  board  of  control,  and  assented  to 
by  the  proper  authorities  of  the  United  States. 

Sec.  4.  It  shall  be  the  duty  of  the  justice  of  the  peace  when  com- 
mitting a  youth  to  the  industrial  school  under  the  first  and  second 
clauses  of  section  two  of  this  chapter,  in  addition  to  the  commitment, 
to  annex  to  said  commitment  the  names  and  residences  of  the  different 


16 

witnesses  examined  before  him,  and  the  substance  of  the  testimony 
given  by  them  respectively,  on  which  the  adjudication  was  found,  to- 
gether with  full  answers  to  such  interrogatories  respecting  the  history 
of  the  case  and  the  mental  and  physical  health  of  the  youth.,  as  shall 
be  prescribed  by  the  board  of  control,  and  furnished  in  printed  form, 
on  application,  by  the  superintendent  of  the  industrial  school. 

Sec.  5.  In  all  proceedings  before  justices  of  the  peace  for  com- 
mitment of  youth  to  the  industrial  school  under  the  first  and  second 
clauses  of  section  two  of  this  chapter,  the  justice  shall  appoint  some 
discreet  and  disinterested  person  guardian  ad  litem  for  such  youth, 
whose  duty  it  shall  be  to  represent  the  interest  of  the  youth  and  see 
that  no  injustice  is  done  him ;  and  the  guardian  ad  litem  or  the  youth 
shall  have  the  right  to  demand  a  jury  of  twelve  men  to  try  the  truth 
of  the  charges  made  against  the  youth,  and  the  jury  shall  be  selected, 
and  the  trial  shall  be  conducted  in  the  same  manner  as  is  provided  by 
law  for  the  trial  of  criminal  cases  before  justices  by  juries.  And  the 
guardian  ad  litem  or  the  youth  shall  have  the  same  right  of  appeal 
from  any  final  decision  rendered  against  the  youth  in  any  such  pro- 
ceedings, whether  upon 'a  trial  by  jury  or  otherwise,  as  is  allowed  by 
law  in  other  criminal  cases  tried  before  justices. 

Sec.  6.  Justices,  constables,  and  jurors  shall  receive  the  same  fees 
in  a  proceeding  for  committing  a  youth  to  the  industrial  school  as  are 
allowed  by  law  for  similar  services  in  misdemeanor  cases,  and  such 
fees  shall  be  paid  in  like  manner  as  fees  of  such  officers  and  persons 
are  paid  in  misdemeanor  cases. 

Sec.  7.  As  soon  as  is  practicable  after  a  youth,  on  any  account,  is 
committted  to  the  industrial  school,  the  papers  in  the  case  shall  be 
mailed  to  the  superintendent,  and  such  youth  shall  remain  in  the  cus- 
tody of  the  court  pronouncing  such  commitment,  until  he  be  deliver- 
ed to  an  officer  of  the  industrial  school,  who  shall  be  sent  without  de- 
lay, and  duly  authorized  by  the  superintendent,  to  conduct  such  youth 
by  the  most  direct  and  convenient  route,  to  the  said  school;  but  no 
youth  committed  to  the  industrial  school  shall  be  lodged  in  any  jail 
or  lockup,  if  he  be  under  the  age  of  twelve  years.  The  superinten- 
dent shall,  in  so  far  as  is  consistent  with  the  safe  conveyance  of  youth 
to  the  school,  cause  as  many  youth  from  the  same  or  several  counties 
to  be  conducted  to  the  school  at  the  same  time.  The  expense  incurred 
in  conducting  a  youth  to  the  industrial  school,  including  transporta- 
tion and  other  necessary  traveling  expenses  of  the  youth  and  of  his 
conductor,  shall  be  paid  by  the  county  court  out  of  the  treasury  of 
the  county  from  which  the  youth  was  committed  to  the  school  and  a 


17 

written  statement  of  such  necessary  expenditures,  fully  itemized  and 
sworn  to  by  the  officer  making  such  expenditures,  and  attested  by  the 
superintendent  of  the  school,  when  presented  to  any  county  court, 
shall  be  a  bill  against  such  court,  to  be  paid  to  the  industrial  school, 
and  credited  to  that  fund  of  the  school  from  which  the  original  expen- 
diture was  made ;  but  when  two  or  more  youths  shall  be  so  conducted 
from  more  than  one  county,  the  necessary  expenditure  on  the  per- 
sonal account  of  the  conductor  shall  be  apportioned  among  the  coun- 
ties concerned  in  due  proportion  to  the  mileage  traveled  by  the  youth 
from  the  respective  counties. 

Sec.  8.  If  any  person  shall  entice  or  attempt  to  entice  away  from 
the  industrial  school  any  youth  legally  committed  to  the  same ;  or 
shall  aid  or  abet  any  youth  to  escape  from  the  industrial  school;  or 
shall  harbor,  conceal,  or  aid  or  abet  in  harboring  or  concealing,  any 
youth  who  shall  have  escaped  therefrom ;  or  shall,  without  the  permis- 
sion of  the  superintendent,  give  or  sell,  or  aid  or  abet  any  other  person 
to  give  or  sell,  to  any  youth  in  the  industrial  school,  whether  on  the 
premises  of  such  institution  or  otherwise,  any  money,  firearms,  intox- 
icating drinks,  tobacco,  cigarettes,  or  other  articles  whatsoever;  or 
shall  in  any  way  cause  or  influence,  or  attempt  to  cause  or  influence 
or  aid  or  abet  therein,  any  youth  in  the  industrial  school  to  violate 
any  rule  of  the  institution  or  to  rebel  against  the  government  of  said 
school  in  any  particular;  or  shall  receive  by  the  hands  of  any  such 
youth  anything  of  value>  whether  belonging  to  the  state  or  otherwise ; 
such  person  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  con- 
viction thereof  shall  be  fined  not  less  than  ten,  nor  more  than  one 
hundred  dollars,  or  be  confined  not  more  than  twelve  months  in  the 
county  jail,  or  both  fined  and  imprisoned  as  aforesaid,  as  the  court 
may  deem  proper. 

And  the  superintendent,  or  any  of  his  assistants  or  any  one  author- 
ized in  writing  by  him,  or  any  sheriff,  constable,  policeman,  or  other 
peace  officer,  shall  have  power,  and  it  is  hereby  made  his  duty  to  arrest 
any  youth,  when  in  his  power  to  do  so,  who  shall  have  escaped  from 
said  school,  and  return  him  thereto. 

Sec.  9.  In  any  case  where  a  youth  is  committed  to  the  industrial 
school  for  an  offense  punishable  by  confinement  in  the  penitentiary, 
and  it  is  found  by  the  state  board  of  control  that  the  industrial  school 
is  unable  to  benefit  such  youth,  and  that  his  presence  is  a  detriment 
or  menace  to  other  youth  in  the  institution,  or  to  the  general  good 
of  the  school,  he  may  be  securely  returned  to  the  court  which  sent 
him,  and  said  court  shall  thereupon  pass  such  sentence  upon  him  as 


18 

to  confinement  in  the  penitentiary  as  may  be  proper  in  the  premises, 
or  as  it  should  have  done  had  it  not  sentenced  him  to  the  industrial 
school.  And  the  governor  shall  have  power,  when  in  the  judgment  of 
the  warden  of  the  penitentiary  and  the  superintendent  of  the  indus- 
trial school  it  is  advisable,  to  remit  the  penalty  of  any  offender  under 
the  age  of  eighteen  years,  confined  in  the  penitentiary,  to  a  commit- 
ment to  the  industrial  school. 

Sec.  10.  The  county  court  of  every  county  shall  pay  into  the  state 
treasury  the  sum  of  fifty  dollars  a  year  on  account  of  each  youth  from 
the  county  who  shall  be  received  in  said  school  of  the  first,  second  or 
third  classes  mentioned  in  section  two.  But  in  all  cases  of  youth  re- 
ceived in  said  school  of  the  first  class  mentioned  in  section  two,  the 
parent,  if  of  sufficient  means,  and  the  guardian  where  the  youth  has 
sufficient  estate,  shall  annually  reimburse  the  county  the  amount  paid 
into  the  state  treasury,  by  virtue  of  this  section,  on  account  of  such 
youth  mentioned  in  the  first  class  of  section  two,  and  the  county  court 
of  such  county  shall  have  a  right  to  recover  the  same  of  such  parent 
or  guardian  in  any  court  of  competent  jurisdiction. 

Sec.  11.  The  superintendent  of  said  school  shall  before  the  tenth 
day  of  January  in  each  year,  make  out  and  certify  to  the  auditor 
and  the  state  board  of  control  each  a  list  by  counties  of  all  such  youth 
as  are  mentioned  in  the  preceding  section,  who  are  kept  in  the  school 
during  the  preceding  year  or  any  part  of  it,  showing  as  to  each  youth 
what  part  of  the  year  he  was  so  kept  in  the  school,  and  to  which  class 
he  belonged.  On  receiving  such  list  the  auditor  shall  charge  to  each 
county  fifty  dollars  on  account  of  each  youth  who  was  kept  in  such 
school  during  the  preceding  year,  and  a  proportionate  amount  on  ac- 
count of  each  youth  kept  in  school  for  any  part  of  such  year  less  than 
the  whole. 

Any  money  in  the  treasury  of  the  state  to  the  credit  of  any  such 
county  from  whatever  source  arising,  and  not  appropriated  to  pay  any 
other  debt  of  the  county  to  the  state,  shall  be  applied,  so  far  as  nec- 
essary, to  the  payment  of  the  sums  so  charged;  if  any  sum  in  the 
treasury  due  the  county  shall  not  be  sufficient  to  pay  the  whole  amount 
so  charged  against  it,  such  sum  shall  be  applied  as  a  credit  on  the 
amount  charged,  and  the  balance  shall  remain  a  charge  against  the 
county. 

Sec.  12.  Within  ten  days  after  receiving  such  list  the  auditor  shall 
certify  to  the  county  court  of  such  county  a  list  of  the  youth  from  the 
county  in  such  school,  stating  the  class  to  which  each  belongs,  the 
length  of  the  term  during  the  year  he  was  in  such  school,  as  shown  by 


19  '..•:••.:..::'  •.' 

the  list  certified  by  the  superintendent,  and  the  amount  due  from  the 
county  on  his  account  and  the  total  amount  due  on  account  of  all. 
He  shall  credit  on  such  statement  whatever  amount  has  been  applied 
as  a  payment  thereon  from  any  funds  of  the  county  in  the  treasury. 

Such  statement  shall  be  a  receipt  to  the  county  for  any  amount  so 
credited,  and  shall  be  a  bill  for  any  amount  still  appearing  to  be  due 
from  the  county.  Unless  the  bill  shall  have  been  paid  by  the  appli- 
cation of  funds  of  the  county  in  the  state  treasury,  the  county  court 
shall  at  its  next  levy  term  provide  for  the  payment  of  the  same,  or 
such  part  as  may  not  have  been  paid,  and  cause  the  amount  to  be 
paid  into  the  state  treasury. 

If  the  amount  so  due  from  any  county  be  not  paid  in  a  reasonable 
time  after  such  levy  term,  the  aruditor  may,  in  the  name  of  the  state, 
apply  to  the  circuit  court  of  the  county  for  a  mandamus  to  require  the 
county  court  to  provide  for  and  to  pay  the  same,  or  he  may  proceed  in 
the  name'  of  the  state  by  any  other  appropriate  remedy  to  recover  the 
same. 

Sec.  13.  The  state  board  of  control  shall  have  authority,  under 
such  rules  and  regulations  as  they  may  prescribe,  to  grant,  on  rec- 
ommendation of  the  superintendent,  a  parole  to  any  inmate  of  the 
industrial  school;  but  while  said  inmate  is  on  such  parole,  and  until 
he  is  discharged  according  to  law,  he  shall  remain  in  legal  custody  of 
the  board  of  control,  and  subject  at  any  time  to  be  returned  to  the 
industrial  school,  if  in  the  judgment  of  the  board  the  interests  of  such 
paroled  inmate  will  best  be  served  thereby.  The  written  order  of  said 
board,  certified  by  the  superintendent,  shall  be  sufficient  warrant  for 
any  officer  named  therein  to  arrest  and  return  to  the  school  said  parol- 
ed inmate,  and  it  is  hereby  made  the  duty  of  any  peace  officer,  or  other 
person,  so  named,  to  make  such  arrest  and  return  such  youth  to  the 
industrial  school.  All  actual  expenses  incurred  in  returning  to  the 
school  paroled  inmates  shall  be  paid  out  of  funds  appropriated  for  the 
maintenance  of  the  industrial  school. 

Sec.  14.  That  all  acts  and  parts  of  acts  inconsistent  with  this  act 
are  hereby  repealed. 


Gaylord  Bros. 

Makers 

Syracuse,  N.  V. 
PAT.  JAN,  21,  1908 


YC  57288 


4- 


IFORNIA  LIBRARY 


